Punjab-Haryana High Court
Yashpal vs Sarvjit Singh & Ors on 19 September, 2019
Author: Avneesh Jhingan
Bench: Avneesh Jhingan
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
COCP No. 3327 of 2018
Date of Decision: 19.09.2019
Sh. Yashpal
.......Petitioner
Versus
Sarvjit Singh and others
......Respondents
CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN Present: Mr. Amit Kaith, Advocate for the petitioner.
Ms. Deepali Puri Sandhu, Addl. AG Punjab with Mr. Dilraj Singh, IAS, Director, State Transport, Punjab. AVNEESH JHINGAN, J.(oral) The grievance in the present contempt petition is with regard to violation of stay of operation of show cause notice dated 12.10.2015. Show cause notice was issued for withdrawal of the promotion wrongly given w.e.f. 15.6.1993.
During the pendency of the writ petition, the petitioner has retired. There is not dispute to the fact that Group Insurance Scheme (GIS) amount has been paid to the petitioner. The gratuity and leave encashment was released provisionally after deducting amount which the petitioner may not be entitled to, in case it is held that the promotion was wrongly given w.e.f. 15.6.1993. The writ petition on the said issue is pending since 2016.
Learned State counsel states that an an application has been made for vacation of stay.
The grievance of learned counsel for the petitioner is that the petitioner is being denied benefit of retiral benefits inspite of stay order.
1 of 2 ::: Downloaded on - 02-10-2019 14:40:48 ::: COCP No. 3327 of 2018 -2- In order to resolve the controversy, both the parties are ad idem that let the amount deducted from leave encashment and gratuity be kept in FDR in a nationalized bank, subject to outcome of the writ petition.
In view of the above, the contempt petition is disposed of. Let the amount deducted be kept in FDR within four weeks from today.
(AVNEESH JHINGAN)
19.09.2019 JUDGE
reema
Whether speaking/reasoned Yes
Whether Reportable: No
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